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Where in the Southern Steer Franchise Agreement can I find information about the 'Term of Agreement'?

Southern_Steer Franchise · 2025 FDD

Answer from 2025 FDD Document

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1.7. Conditions. The Franchisee will not have the right to franchise, sub-franchise, license or sublicense its rights under this Agreement. The Franchisee will not have the right to Transfer this Agreement or its rights under this Agreement, except as specifically provided for in this Agreement.

2. TERM OF AGREEMENT.

  • 2.1. Term. The initial term ("Initial Term") of this Agreement will commence on the Effective Date and will be for a period of 10 years, unless terminated sooner in accordance with this Agreement. The Initial Term may be extended under certain circumstances to coincide with the term of the lease for Franchisee's Southern Steer Business. This Agreement will not be enforceable until it has been signed by both the Franchisee and the Franchisor.

  • 2.2. Successor Term. Provided that, at the end of the Initial Term of this Agreement or any Successor Term, as the case may be, (a) the Franchisee has timely complied with all terms and conditions of this Agreement, including the timely payment of all Royalty Fees, Brand Fund Contribution Fees, Local Advertising Cooperative Fees, and other Fees due to the Franchisor; (b) the Franchisee is not in default of the lease for the Franchised Location, if any; (c) the Franchisee has paid or satisfied all monetary obligations owed by the Franchisee to the Franchisor, Franchisor's Affiliates, Approved Suppliers, and Designated Suppliers; (d) the Franchisee is not in default under this Agreement at the time Franchisee provides written notice; and (e) the Franchisee has not been in default under this Agreement more than two times in any 12 month period or more than six times during the Initial Term (or the immediately preceding Successor Term, as the case may be) regardless of whether or not such default has been cured, the Franchisee may, at its option, have the right to operate the Southern Steer Business at the Franchised Location for an additional Successor Term commencing on the end of the Initial Term (or immediately preceding Successor Term, as the case may be). The Franchisee must exercise its option for a Successor Term by giving the Franchisor written notice of Franchisee's election to do so at least 180 days and no more than one year prior to the expiration of the Initial Term (or immediately preceding Successor Term, as the case may be). As a condition for any Successor Term, the Franchisee must cause all of the following to occur:

  • i. The Franchisee must provide written evidence to the Franchisor that the Franchisee either owns or has the right to lease the Franchised Location for at least five additional years after the end of the Initial Term or preceding Successor Term, as the case may be;

  • ii. The Franchisee must sign Franchisor's then-current form of franchise agreement ("Successor Franchise Agreement"), which may include terms and conditions materially different from those in this Agreement, such as different performance standards, fee structures and/or increased fees, and an option to operate the Southern Steer Business for any additional terms;

  • iii. In lieu of paying the Initial Franchise Fee specified in the Successor Franchise Agreement, the Franchisee must pay to Franchisor the Successor Franchise Fee set out in Section 3.2(j) at least 90 days before renewing Franchisee's right to operate the Southern Steer Business;

  • iv. The Franchisee must execute a general release in a form satisfactory to Franchisor of any and all claims against Franchisor, its parent, subsidiaries or Affiliates (if applicable) and their officers, directors, attorneys, Owners and employees;

  • v. The Franchisee (or its Operating Principal) and its Designated Manager must complete any new training requirements designated by the Franchisor;

  • vi. The Franchisee must agree in writing to make, within six months after the effective date of the Successor Franchise Agreement, all capital expenditures necessary to remodel the Franchised Location, as determined by the Franchisor, to comply with the then-current Southern Steer Businessimage, décor, and specifications established by the Franchisor, and provide evidence to the Franchisor's reasonable satisfaction that the Franchisee has received a written loan commitment from a commercial lender for the amount of the estimated cost of the remodeling or has the financial capability of making such expenditures;

  • vii. The Franchisee, Owners, Guarantor(s) and Designated Manager must be in compliance with Franchisor's then current qualifications and standards; and

  • viii.

Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)

What This Means (2025 FDD)

According to Southern Steer's 2025 Franchise Disclosure Document, details regarding the term of the agreement can be found in Item 22, specifically within section 2.1 and 2.2 of the franchise agreement. The initial term of the agreement starts on the effective date and lasts for 10 years, unless it's terminated earlier according to the agreement terms. In some cases, the initial term may be extended to match the lease term for the franchisee's Southern Steer business. The agreement becomes enforceable once both the franchisee and franchisor have signed it.

Furthermore, the franchisee has the option to operate the Southern Steer Business for an additional term if they meet certain conditions at the end of the initial term. These conditions include timely compliance with all agreement terms, including payments, not being in default of the lease, satisfying all monetary obligations to the franchisor and its affiliates, and not being in default under the agreement more than two times in any 12-month period or more than six times during the initial term. To exercise this option, the franchisee must provide written notice to the franchisor at least 180 days and no more than one year before the expiration of the initial term.

To qualify for any Successor Term, the franchisee must provide written evidence of owning or having the right to lease the Franchised Location for at least five additional years after the end of the Initial Term. They also need to sign Southern Steer's then-current form of franchise agreement, which may include materially different terms and conditions. Instead of paying the standard initial franchise fee, the franchisee must pay the Successor Franchise Fee set out in Section 3.2(j) at least 90 days before renewing their right to operate the Southern Steer Business. Additionally, the franchisee must execute a general release of any claims against the franchisor and complete any new training requirements designated by Southern Steer. The franchisee must also agree in writing to make all necessary capital expenditures to remodel the Franchised Location within six months to comply with Southern Steer's current image and decor standards.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.